Jail Credit for Split Sentences (Isn't That Special?)

Editor’s note: SOG faculty member Alyson Grine -- today's guest blogger -- holds the position of Defender Educator. As her title suggests, her principal client group is public defenders and court-appointed lawyers, but she frequently addresses issues of concern to all participants in the criminal justice system. Assistant Public Defender “Tom” from eastern North Carolina reports that there is disagreement and confusion among judges, attorneys, and clerks in his region about whether a defendant is entitled to jail credit for time served pursuant to a split sentence following revocation of probation. Tom frames the issue as follows: Client pleads to a felony in Superior Court and receives a sentence of 13-16 months in DOC, suspended on various conditions including that client must serve a 90 day split to begin immediately, then be on supervised probation thereafter. Client does the 90 day split, comes out on probation, and 6 months later is back in court for a probation violation hearing. Judge finds willful violation, revokes the suspended sentence, and activates the 13-16 months in DOC. “Sheriff, he's in your custody.” Does client get 90 days credit towards the 13-16 months? Good news, Tom: this is a rare “cut-and-dried” legal issue. A defendant does get credit upon revocation of probation for time spent in jail pursuant to a split sentence. This issue was squarely addressed in State v. Farris, 111 N.C. App. 254 (1993), aff’d 336 N.C. 552 (1994). “[A] defendant who has served, pursuant to special probation, an active sentence, is entitled [...]